When parents pass away in the UK, siblings’ inheritance rights are determined primarily by whether a valid will exists-with a will, siblings receive what’s specified in the document, but without one, the rules of intestacy apply, typically dividing the estate equally among all siblings if there’s no surviving spouse, or providing siblings with equal shares of the estate above £322,000 if a spouse survives.
While specific statistics on sibling inheritance disputes are limited in the UK, legal professionals report a significant uptick in contested wills involving siblings, with the Ministry of Justice noting a 37% increase in contested probate cases over the past five years. This trend reflects the growing complexity of family structures and the rising value of property assets, which often constitute the largest portion of parental estates.
In this article, we will cover sibling inheritance laws in the UK.
Table of Contents
Sibling Rights After Death of Parents: Will vs. Intestacy
The legal entitlements of brothers and sisters following parental bereavement hinge on whether the deceased left behind a legally valid will. This critical document directs how assets, property, and possessions should be distributed among beneficiaries, including offspring, relatives, and other parties.
In situations where a properly executed will exists, the distribution follows the deceased’s explicitly stated wishes. Parents in the UK enjoy complete testamentary freedom, meaning they can allocate their estate however they choose-equal shares among children, disproportionate allocations, or even completely excluding certain siblings. This freedom sometimes comes as a surprise to many who assume all children automatically receive equal inheritance.
Conversely, when a parent dies intestate (without a will), the government’s statutory rules of intestacy determine the distribution of assets. Under these regulations, if there’s no surviving spouse or civil partner, the entire estate is divided equally among all children. However, if a spouse or civil partner survives, siblings only inherit if the estate exceeds £322,000, with equal shares of half the value above this threshold distributed among them.
These inheritance frameworks often create complexity in family dynamics, particularly when siblings have different expectations about their entitlements or when the estate primarily consists of property rather than liquid assets.
How Is Inheritance Divided Among Siblings in the UK?
The division of parental assets among brothers and sisters follows clear legal guidelines, though practical implementation can prove challenging, especially when property is involved.
When parents die intestate, the rules create a structured inheritance hierarchy:
| Scenario | Distribution to Siblings | Additional Considerations |
|---|---|---|
| No surviving spouse | Equal shares of entire estate | All siblings receive identical portions |
| Surviving spouse with estate under £322,000 | No inheritance for siblings | Entire estate passes to surviving spouse |
| Surviving spouse with estate over £322,000 | Equal shares of 50% of value above £322,000 | Surviving spouse receives £322,000 plus 50% of remainder |
| Valid will exists | As specified in will | May be equal or unequal distribution |
| Contested will | Determined by court if successfully challenged | Based on evidence and judicial discretion |
This distribution framework illustrates why having clarity about inheritance wishes is crucial. When the main asset is the family home, equal division often necessitates property sale, as most siblings cannot afford to buy out others’ shares. This situation frequently creates emotional and practical challenges for family members during an already difficult time.
Charlotte from Coventry, who contacted us after inheriting a third share of her parents’ home alongside her two brothers. “We couldn’t agree on what to do with the house-one brother wanted to keep it as a rental, another wanted to live in it, and I needed the money for my children’s education,” she explained. “After months of disagreement and mounting tension, Property Saviour offered us a guaranteed purchase price with flexible completion dates, allowing us all to move forward with our individual needs met.” If you’re facing similar challenges with inherited property, our compassionate team understands the complexities involved and can provide solutions that respect both emotional attachments and practical realities.
Can Siblings Force the Sale of an Inherited Property?
One of the most contentious issues arising when siblings inherit property together is whether one can force others to sell. Under UK law, a single sibling cannot unilaterally force the sale of jointly inherited property without legal intervention. All co-owners must consent to selling the family home.
However, if siblings cannot reach an agreement, those wishing to sell can apply to the court for an “order of sale” under the Trusts of Land and Appointment of Trustees Act 1996. Courts typically consider several factors when deciding whether to grant such orders:
The purpose for which the property was acquired
The welfare of any minor occupants
The interests of any secured creditors
The interests of all beneficiaries
While courts often favour granting sales orders to resolve deadlocks, they recognise this approach can strain family relationships. That’s why many legal professionals recommend exploring mediation and negotiation before pursuing court action. Professional mediators can help siblings find compromise solutions such as:
Allowing one sibling to buy others out over time
Renting the property and sharing income
Setting a timeline for eventual sale
Exploring equity release options
These alternatives often preserve family relationships while respecting each sibling’s financial needs and emotional attachments to the property.
Are All Siblings Entitled to Equal Inheritance?
Contrary to popular belief, there is no legal requirement in the UK for parents to leave equal inheritances to their children. The principle of testamentary freedom gives parents complete discretion over how their estate is distributed, including the right to:
Leave varying amounts to different children
Exclude certain children entirely
Leave everything to just one child
Bypass children in favour of other beneficiaries
This freedom sometimes surprises siblings who expect automatic equal treatment. However, when parents die without a will, the intestacy rules do create equality by mandating equal division among all siblings.
Several legitimate reasons might lead parents to create unequal inheritances:
One child received significant financial support during the parents’ lifetime
A child has substantially greater financial needs due to disability or circumstances
One child provided extensive care for aging parents
Complex family dynamics involving step-children or estranged relationships
While parents have the legal right to distribute their estate unequally, doing so without clear communication often leads to bitter disputes. Many probate solicitors recommend that parents explain their decisions to children during their lifetime to minimise misunderstandings and potential conflicts after death.
Can a Sibling Contest a Parent’s Will in the UK?
Yes, siblings can challenge a parent’s will in the UK, but successful contestation requires meeting specific legal grounds rather than simply disagreeing with the distribution. Valid grounds for contesting include:
The will wasn’t properly executed (lacking proper signatures or witnesses)
The parent lacked testamentary capacity due to dementia or other cognitive impairment
The parent was subject to undue influence or coercion when making the will
The will was forged or fraudulent
The will fails to make reasonable financial provision for dependents
Additionally, siblings who were financially dependent on the deceased parent may have grounds to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, even if deliberately excluded from the will.
These challenges must typically be brought within strict timeframes-six months from the grant of probate for Inheritance Act claims, and generally as soon as possible for other challenges. The burden of proof falls on the sibling contesting the will, making these cases often difficult, expensive, and emotionally draining.
Many siblings report that their relationships never fully recover from will contests, regardless of the legal outcome. At Property Saviour, we’ve observed that when inherited property is at the centre of disputes, finding a quick, fair solution for liquidating the asset often helps siblings move forward before positions become entrenched. Our we buy any property service has helped many families resolve inheritance disputes by providing certainty and speed when dealing with jointly inherited homes.
What Happens When Siblings Disagree About Inheriting the Family Home?
Inheriting the family home with siblings can create complex emotional and practical challenges. Common disagreements include:
Whether to sell or keep the property
Who should live in the property
Fair market value if one sibling wants to buy others out
Responsibility for ongoing maintenance and expenses
Timing of any eventual sale
These disagreements often intensify when siblings have different financial situations, live in different locations, or have varying emotional attachments to the property.
When siblings cannot reach agreement, several pathways exist:
Mediation: Professional mediators specialising in inheritance disputes can facilitate constructive discussions and help reach compromise solutions.
Buyout arrangements: One sibling purchases others’ shares, often with flexible payment terms to accommodate financial limitations.
Partition action: A legal process where the court orders the property sold and proceeds divided, used as a last resort when other options fail.
Co-ownership agreements: Formal contracts establishing rights and responsibilities for ongoing shared ownership.
Property buying companies: Services that offer guaranteed purchases of inherited properties, eliminating uncertainties of the open market.
Many families find that continuing to co-own property indefinitely creates ongoing friction. If you’re facing challenges with co-owned inherited property, Property Saviour offers compassionate, straightforward solutions that provide certainty during an emotionally difficult time. Our team understands the unique sensitivities of family property matters and can help you move forward with dignity and fair treatment for all parties involved.
How Do You Sell an Inherited House When Siblings Disagree?
Selling an inherited house when siblings have conflicting wishes presents distinct challenges. When consensus cannot be reached, consider these practical steps:
Open communication in neutral settings, focusing on interests rather than positions
Professional valuation from multiple estate agents to establish fair market value
Consultation with solicitors specialising in inheritance disputes
Exploration of all options, including delayed sale, rental, or partial ownership
Application to court for an order of sale if necessary
Thomas from Bournemouth found himself in precisely this situation after inheriting his parents’ home with his sister. “She wanted to keep the property as a rental investment, while I needed my share of the inheritance to pay off debts,” he explained. “After months of disagreement and deteriorating relationship, we contacted Property Saviour. Their guaranteed purchase offer and flexible timeline gave us both certainty and allowed us to move forward without the prolonged stress of marketing the property or court proceedings.”
If you’re facing similar challenges with an inherited property, our team understands the delicate nature of these situations. We provide a straightforward, compassionate service that respects everyone’s position while offering practical solutions to what can otherwise become intractable family disputes.
Sibling Rights to Property After Parents’ Death: Legal Framework
The legal framework governing siblings’ property rights following parental death involves several interconnected areas of law:
Probate law: Governs the administration of estates and validation of wills
Property law: Determines how co-ownership works and rights of individual owners
Inheritance tax regulations: Affects the financial implications of property transfers
Family law: May influence outcomes, particularly in blended families
Trusts law: Relevant when properties are held in trust arrangements
These legal domains create a complex landscape that most siblings find challenging to navigate without professional guidance. Additionally, emotional factors often complicate decision-making, as property frequently holds sentimental value beyond its financial worth.
When siblings inherit property jointly, they typically become either “joint tenants” or “tenants in common,” with important distinctions between these ownership structures:
Joint tenants have equal, undivided ownership with right of survivorship (if one dies, their share automatically passes to surviving owners)
Tenants in common own specific shares (which may be unequal) that can be passed on through their own wills
Understanding these ownership structures is essential for making informed decisions about inherited property and avoiding unnecessary conflicts down the line.
Practical Solutions for Sibling Inheritance Disputes
Inheritance disputes between siblings can be emotionally devastating, financially draining, and time-consuming. When disagreements arise, consider these practical approaches before resorting to litigation:
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Early intervention: Address potential conflicts as soon as possible before positions become entrenched
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Professional mediation: Neutral third-party mediators specialising in inheritance disputes can facilitate productive conversations
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Executor authority: In some cases, executors have authority to make decisions when beneficiaries disagree
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Structured buyout arrangements: Creative financing options can allow one sibling to buy others out over time
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Property buying services: Companies that offer guaranteed purchases can provide certainty when the open market seems too unpredictable.
At Property Saviour, we’ve worked with many families facing seemingly insurmountable disagreements about inherited properties. Our experience has shown that providing a guaranteed sale option with flexible completion dates often helps break decision deadlocks and allows families to move forward.
If you need to sell inherited house quickly and fairly, our compassionate team understands the unique challenges siblings face. We offer a straightforward process with no fees, no chains, and the certainty that many families need during difficult transitions. Our approach prioritises treating all siblings equally and respecting the emotional aspects of property inheritance while providing practical solutions to financial considerations.
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Property Saviour Price Promise
- The price we’ll offer is the price that you will receive with no hidden deductions.
- Be careful with ‘cash buyers’ who require a valuation needed for a mortgage or bridging loan.
- These valuations or surveys result in delays and price reductions later on.
- We are cash buyers. There are no surveys.
- We always provide proof of funds with every formal offer issued.
We'll Pay £1,500 Towards Your Legal Fees
- No long exclusivity agreement to sign because we are the buyers.
- You are welcome to use your own solicitor.
- If you don’t have one, we can ask our solicitors for recommendations.
- We share our solicitor’s details and issue a Memorandum of Sale.
Sell With Certainty & Speed
- Our approach is transparent and ethical, which is why sellers trust us.
- 100% Discretion guaranteed.
- If you have another buyer, you can put us in a contracts race to see who completes first.
- Complete in 10 days or at a timescale that works for you. You are in control.
Property Saviour Price Promise
- The price we’ll offer is the price that you will receive with no hidden deductions.
- Be careful with ‘cash buyers’ who require a valuation needed for a mortgage or bridging loan.
- These valuations or surveys result in delays and price reductions later on.
- We are cash buyers. There are no surveys.
- We always provide proof of funds with every formal offer issued.
We'll Pay £1,500 Towards Your Legal Fees
- No long exclusivity agreement to sign because we are the buyers.
- You are welcome to use your own solicitor.
- If you don’t have one, we can ask our solicitors for recommendations.
- We share our solicitor’s details and issue a Memorandum of Sale.
Sell With Certainty & Speed
- Our approach is transparent and ethical, which is why sellers trust us.
- 100% Discretion guaranteed.
- If you have another buyer, you can put us in a contracts race to see who completes first.
- Complete in 10 days or at a timescale that works for you. You are in control.
